Vishal Tiwari vs The State Of Madhya Pradesh on 4 July, 2023

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Madhya Pradesh High Court

Vishal Tiwari vs The State Of Madhya Pradesh on 4 July, 2023

Bench: Sunita Yadav

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                                  ON THE 4 th OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 28556 of 2023

                          BETWEEN:-
                          VISHAL TIWARI S/O SHRI RAJESH TIWARI, AGED
                          ABOUT 22 YEARS, OCCUPATION: STUDENT AJNODHA
                          POLICE STATION MEHGAON DISTRICT BHIND
                          (MADHYA PRADESH)

                                                                                            .....APPLICANT
                          (BY MR. ANIL KUMAR MISHRA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION INDERGANJ
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY MR. DHEERAJ KUMAR BUDHOLIYA - PANEL LAWYER)

                                This application coming on for admission this day, the court passed the
                          following:
                                                              ORDER

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 22 of 2023 registered at Police Station Inderganj, District Gwalior (M.P.) for the offence under Sections 307, 294, 506 and 34 of IPC.

Allegation against the present applicant - accused is that he along with co- accused persons tried to commit murder of the complainant.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The FIR has been lodged against unknown Signature Not Verified Signed by: ALOK KUMAR Signing time: 05-Jul-23 10:01:25 AM 2 persons. Present FIR has been lodged in counter-blast of rivalry between the student's union namely NSUI and ABVP. Entire prosecution story is highly improbable because allegedly the incident occurred in the midnight and the assailants present in the car had their faces covered, therefore, it was not possible to identify them. Applicant has been made an accused in this case on the basis of memorandum of co-accused. It is further argued by learned counsel for the applicant that co-accused Vishal, Pushpendra @@ Manak Kaurav and Paras Yadav have already been granted bail by this Court whereas co-accused Yuvraj has been granted bail by the trial Court and case of the present applicant is on the same footing as of the aforesaid co-accused persons. Further argument is that applicant is in custody since 23.6.2023. He is the permanent resident of District Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

O n the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the Signature Not Verified Signed by: ALOK KUMAR Signing time: 05-Jul-23 10:01:25 AM 3 bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 05-Jul-23 10:01:25 AM

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